The substance of the order of the 9th ultimo, handed you at midnight, was to move with your division to Davis' Cross-Roads, unite with Cleburne there, and assail the enemy.*

There is no obligation resting on you now to make the report called for, but await further action.

I am, general, very respectfully, your obedient servant,

GEORGE WM. BRENT,

Assistant Adjutant-General.

Charges and specifications preferred against Major General T. C. Hindman, Provisional Army, Confederate States.

CHARGE.-Disobedience of the lawful command of his superior officer.

Specification.-In this, that Major General T. C. Hindman, Provisional Army, Confederate States, having received an order from his commanding general at 4 o'clock on the morning of September 11, 1863, in McLemore's Cove, Ga., when in the presence of the enemy, to attack at the earliest hour that he could see the enemy that morning, did not obey said order.

BRAXTON BRAGG,

General, C. S. Army.

Witnesses:

General BRAXTON BRAGG, C. S. Army; Brig. General W. W. MACKALL, Provisional Army, Confederate States; Brig. General PATTON ANDERSON, Provisional Army, Confederate States; Brig. General W. B. BATE, Provisional Army, Confederate States; written orders; map of McLemore's Cove.

HEADQUARTERS ARMY OF TENNESSEE,
Missionary Ridge, November 1, 1863.

Major General T. C. HINDMAN,

Madison, Ga.:

GENERAL: In reply to your communication of the 22nd ultimo, asking for leave to publish your report, I am instructed to say that the general commanding has no power to grant any such permission. Reports of this character are the property of the War Department, and leave for publication can only be derived from that source.

I am, general, very respectfully, your obedient servant,

GEORGE WM. BRENT,

Assistant Adjutant-General.

HEADQUARTERS DEPARTMENT OF TENNESSEE,
Mission Ridge, November 15, 1863. (Received 20th.)

His Excellency JEFFERSON DAVIS,

President, Richmond:

Mr. PRESIDENT:After your action in the case of Lieutenant-General Polk, which to me has been entirely satisfactory, I feel it a duty, as it is a pleasure, to request similar action on your part toward

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*See order of 11.45 p.m., p.28.

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